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Petition - Docket No. M-96-042-C

In the matter of

Beech Fork Processing, Inc.

Beech Fork Processing Mine No. 1

l.D. No. I5-16162

Petition for Modification

Docket No. M-96-042-C

Date Issued: 04/12/1997

PROPOSED ORDER OF DISMISSAL

By petition for modification filed on May 15 1996, Petitioner requested modification of the application of 30 CPR 75.388(a)(3) to PetitioneR'S Beech Fork Procesring Mine No. 1 Mine, located in Johnson County, Kentucky. This petition was submitted on behalf of the mine operator by Abbott Engineering, Inc., and incorrectly identified Beech Fork Processing, Inc. as the mining compnay proposing to mine within 50 feet of the inaccessible abandoned workings of an adjacent mine. The abandonded area being approached was within the Beech Fork Processing, Inc.'s mine. The company actually approaching the worked out area was Cougar Coal Company; Inc. Both companies have the same parent company, the same president and use Abbott Engineering, Inc. as contract surveyors..

On August 12, 1996, Abbott Engineering, Inc., again on behalf of"IM Petitioner requested that the petition be withdrawn.. That letter did not provide explanation for the company's decision to wididraw the petition. MSHA investigators oonfirmed in a report dated August 9, 1996, and by providing copies of an enforcement action that the petition was no longer needed. Cougar Coal Conipany, Inc.  had already mined out the area., approaching  to within 50 feet of the sealed abandoned workings of the Beech Fork Processing Mine No. 1, without drilling ahead as required by 30 CFR. 75.388(a)(3). The investigator also provided docummtation that Cougar Coal Company was cited for that violation.

Therefore, pursuant to the authority delegated by the Secretary of Labor to the Administrator for Coal Mine Safety and Health, Beech Fork Processing, Inc.'s Petition for Modification of 30 CPR.75.388(a)(3) to itsBeech Fork Processing Mine No. 1 is dismissed without prejudice.

Any party to this action desiring a hearing on this matter must file in accordance with 30 CFR 44.14 within 30 days. The request for hearing must be filed with the Administrator for Coal Mine Safety and Health, 4015 Wilson Boulevard, Arlington, Virginia 22203.

 

If a hearing is requested, the request shall contain a concise summary of position on the issues of fact or law desired to be raised by the party requesting the bearing, including specific objections to the proposed decision. A party other than Petitioner who has requested a hearing shall also comment upon all issues of fact or law presented in the petition, and any party to this action requesting a hearing may indicate a desired hearing site. If no request for a hearing is filed within 30 days after service thereof, the Order of Dismissal will become final.

 

 

Robert A. Elam

Deputy Administrator for Coal Mine Safety and Health